Answers to today's legal questions through blogs and articles

Employment Law

Employment law covers the rights and duties between employers and workers. These posts deal with protections afforded to workers under the law governing areas such as discrimination, harassment, unsafe work conditions and more.
https://commonlegalquestions.com/index.php/2018/07/02/what-you-need-to-know-about-employment-law/
https://commonlegalquestions.com/index.php/2018/08/10/women-fighting-for-equal-rights/

The History of the Whistleblower Protection Act

Media finds whistleblowers as a popular subject and has for a long time. The Enron scandal is remembered by most Americans. Many debate whether the intelligence workers like Edward Snowden or Bradley Manning might qualify as “whistleblowers”. Most are aware of the Whistleblower Protection Act of 1989 as well that gets formed into the backbone of the whistleblower protection in theUnited States. The history of the concept of a whistleblower dates further back and includes an interesting history that gives the modern law there context.

What is the Whistleblower Protection Act?

The Whistleblower Protection Act, or WPA, gives protection from retaliation or persecution to government employees that disclose to the police illegal and improper conduct that goes on in the workplace. The law is to protect any federal employees who uncover some wrongdoing and report it to authorities. Under the WPA, the government agency accused is not allowed to end the employment or “bully” a worker of government contractors, science based agencies like NASA, or national security personnel.

Laws That Protect Employees

Common Employment Law Questions

Federal and state governments have created many laws regarding employment practices to ensure safe and fair workplaces are available to all employees. Any New Jersey employment law attorney will tell you that these laws are put into place to make workplaces safe for all parties involved. Employers must keep up on the laws to ensure that they are providing a safe workplace for their employees that is free from discrimination and harassment. It is critical that employees have a good understanding of employment laws so that they can be sure their rights are not violated and be sure they are working in a safe and legal environment. Employment law covers many areas and maybe different between states. Here are some of the questions that employment layers are often asked.

Lawyer agreement

What is Contingency?

There are different types of fees which are charged by legal professionals. Lawyers may charge a retainer fee or work on a contingency basis. Many lawyers charge flat fees for the various services they provide. Sometimes clients, such as large corporations, pay a retainer fee. This means that the lawyer is always available to answer questions or handle any legal matters should they arise.

Types of Lawyers

Attorneys
Lawyers

At one time or another during your lifetime it is likely that you will need a lawyer for a legal matter. When you need an attorney it is important to know what type will be needed. Lawyers are not generic, they have specific areas of the law in which they are an expert and have experience. They choose one area of the law to concentrate on and then continue their studies in that practice area in order to provide the best representation for their clients. The type of lawyer that is needed will depend solely on the types of legal matter is being handled. Here are just a few of the most commonly needed types of lawyer.

Employment Law for Employees

Employee at work
Employee at work via Flickr: qnr

There are many different employment laws which have been developed over the years in order to provide safety in the workplace for employees. Employers should observe these laws and make available to their employees policies and procedures to follow in the event an employee feels one or more of them have been violated in some way. The workplace should be a safe place for employees and there can be serious repercussions for the employer if employment laws are not followed closely. Here are just a few of the main laws employees should be aware of.

Whistle Blower Protection Laws

Whistleblower Protection
Whistleblower Protection

Each year there are thousands of workers who witness some sort of wrongdoing on the job. They may discover fraud, abuse, or any type of actions which could jeopardize the well being, safety or lives of other people. Workers may witnesses a food processing plant which sends out contaminated food to consumers, violation of safety considerations at a nuclear facility, fraud that deceives a company’s stockholders, or a chemical company which dumps hazardous waste illegally into waterways. Too many times employees stay silent usually out of the fear of losing their jobs. Others step forward and share the truth risking their profession as well as their own well being to do so. These workers “blow the whistle” on various types of unethical conduct that occurs in the workplace in an attempt to make a difference.  Basically, a whistleblower is one who discloses information that they believe to be evidence of some sort of wrongdoing on behalf of a company; or they reveal instances which may be jeopardizing the health and safety of the public in some way. Usually, a whistleblower speaks to influencing parties that can correct the situation. The whistleblower is afforded certain rights and protection by laws that are designed specifically for the purpose of protecting them.

FMLA

What is FMLA?

The Family and Medical Leave Act (FMLA) provides employees the right to take an unpaid leave in certain conditions without it effecting their job or position. The leave can be taken for certain medical conditions or family situations. There are criteria that must be met before an individual can take the leave. But while the employee is on leave, their job remains protected and they cannot be fired or replaced during the time that they are on leave. The law also requires that while the employee is off for leave the employer must continue to provide the health benefits for the worker as if they were at work during that time.

What is Employment Law?

 

Employee leaving a company
Employment Law

Employment law pertains to a legal relationship between employees and employers. There are various statutes and laws which determine rights and responsibilities for all parties concerned. There are employment laws on the federal level, state level, and city or county levels. These regulations cover the types of rights and responsibilities that come from having an employment contract. When an employer offers a position to an employee, the laws begin governing the transaction. Employment laws ensure that the entire process is done fairly from the hiring process, job duties, benefits, wages, promotions, employment reviews and termination. Not every law applies to every employment situation. Some laws are applicable depending on how many employees work at a company. Some federal laws can also be addressed by individual states which may have their own caveats. Companies both private and public can be subject to different regulations based on varying factors such as how many employees they have.